The Sun. — London, England, 1809-11-10 00:00:00

-.7 . io ltiswer all such queFtions'as , rnight be put to r lative , to this case, and that . :Mf. Smith, for nvolnntary offence - of which he may have been lgninSt the Court, was anxious to make every :011 in hi.; power. Mr. BLYT4E,OCII read a itlidavit from Mr:Smith to the above effef - t, decl by stattog, that snch were the very mined_ means of Mr. Giles, tilat long imprison- be procloOlVe of ruin, as he had nothinc . 4:3 d on 'but. his. professional 'exertions as ati ),..r! • /:er.r. I. .f~Ci Lord 111,DON said, that it was„ his intention to t!Hie of the care td-morrow. That as to the cir c!im.,tances, it might be advisable for the parties to the .Court, on the ground bf the allega - - Jiot)4 a;ready made, and'_ that sncli petitions should be pre;ented before the Court decided on to-morrow,' His Lordship said, that he did not mean to 1113- I pule any improper condu& to" the Clergyman who üblished the banns.—He had felt it his duty, in this case, to put % certain questions to that Gentleman ; and from the answers he learned; that it had been the custom to hand up-the banns 'to the Clergyman, ' who was in - the habit of publishing them forthwith ; and that accordingly persons were often proclaimed, neither of whom were resident in the parish. He was borne out by the authority of hiS predecessors, in 'Saying, that the Clergyman thus a&ing, subjedr- , himself to ecclesiastical and other 'censures.--In fad, the Ad of Parliament was not aded up to ; for the Ad provided; that seven days notice should be given' to the ClergYtnanl3efore the publishing of the banns, setting forth the Christian and Surname's of the parties, the, houses in which they respedively re- - sided, and the length of titne . each had resided. — The objet in' giving this notice evidently was, that the Clergyman might, in-the interim, ascertain the truth or falsehood of. the statement contained in the, notice; which certainly it was his bounden thaty, ac cording to the ACS, to do. If, howeyer, it was not the custom, it rendered.the deviatiOn from the legal .p;aaice more excusable, but could not, °many - ac-= count, justify that deviation. He thought itt-his duty to state the law thus tar, He recollected one case where the exatse given for not conforming to the letter of the Mt was near.giving rise to a, serious proseCution :—the - negleti was obvious, and the Clergyman pleaded his having imposed .striti ob servance on his Curate ; the Curate transferred it to the Clerk ; and the Clerk transferred it to his wife : but-the negligence of all could not justify the negli gence of any one of the patties: Petitions ere presented inthe course of the day from Messrs, Giles . and Smith, in _Obedience' to the suggestion of the Court. racnoLs v. THE SCOTCH CORPORATION. The Scotch Corporation had onie.' time ago ob tained 2n ininnetion to . restrain Nichols trotubuild ing a wall beyond a certain height,,on the grout's) tha: it would become a nuisance, and obsttria the light of their . bou , e in Crane-court, Fleet-street.— 1 Sir SAUUE.I. 1102+IILLY,‘911 the part of NiCholS, now moved that the injunction should be - dissolved, for tWo reasons : first, that it Wad not - been drawn, op according to the affidavit of appficattad ; second, that the injury to the Corporation 'Could not be of sa serious a nature, even it the P:iiintitY chose to per severe, as .to call for the interposition of the Court doting the pi-Ogress of an a&ion Atter some observations' Item Sir 'ARTHUR PIGOT, ! On the other side, the CIiANCELLOR decided, that the irtjunaion ought to be dissolved, the patties under 'taking to try the question of right irnmediAely, ,and the Plaintiff, Melia's, engagiog to comply with, out delay with .the verdict, provided it should go against him, subjel, however, to the opinion of his Lordship. COURT OF COMMON PLEAS. IN THE CASE OF EARL I.E4CESTER -V. WALTER AND OTHERS, PROPRIETORS OF THE MORNING HERALD. Mt. Serjeant . MANLEY, on the part of the De fendants, moved for a Rule to chew -cause why the , verdi6t in. this case should not he set aside; and a new trial granted. The Learrred Serjeatit obierved, that the verdict against hiS .was for one thou sand- -pounds—a verdict under all the circumstances of the case, aosl the evidence adduced, was totally without precedent. _ Never was so strong a case of justification adduced by any -De fendant ; nor could he conceive how it was possi ble for a 'Jury of -rational men upon their oaths to find such a verdict for the Noble . - Plaintiff ;. for though, they might consider themselves bound to bud a verdict against his Client, elle shilling was the utmost•that could have bebn expeeted at their hands. Front the evidence of his Lordship's own Solicitor, end the testimony given by sever-al persons who wrist knew the Noble Lord, it was impossible his charac ter could have been injured by the paragraph on • which the action was founded ; for the Solicitor ac knowleilged, upon repeated interro'gation, that it was the general 'report of his Lordship's character uhich induced him to believe the paragraph in question al luded to Lord Leicester. . Sir JAMES MANSFIELD admitted the fOrce of the arguments urged by the Learned Serjeant, and Said, that, from what hti reeolletaed of the circumstances of the trial, no inconsiderable degree of surprise had been excited in the Court at the high quantum of damages awarded by the Jury. In his own opinion; it was scarcely possible any cause could'have been "more palpably rebutted ;• and if he might venture to suggest a line of condtiet for the Noble Lord and his friends, he should think the wiser course for them to take would be to avoid,. if possible, any further ex posure of this case in d public Court, and to remit the damages ; for he-should extremely regret the necessity imposed on him, in case of a new trial, of recapitulating the evidence in the case. • Mr. Serjeant MA,N LEY urged a further ground for his motion, of which he was no; aware at the time of trial, Or he should have then taken notice of .it ; namely, that one of the Jury was sworn by a wrong name. He meant no itriputation on either the Jury man, or the Officer of the Court ; but the faa of it self was sufficient ground for a new trial. Mr. Justice LAWRENGE observed, that his Learn ed Brother was mistaken. Indeed, such obtaining were sometimes allowed in criminal cases, but in none other. Mr. Serjeant BEST said, if there was a new trial, he should entertain no doubt of obtaining for MI; Noble Client a verdia for 20,0001. LAIN DUN Printed by RI At the SuN-Or; Sir JAMES' MANSFIELD said, be recolleEled the evidence for the Plaintiff, and especially that of Mr. Mills,. his Attorney, who had fenced a good deal but:at last admitted, that the prevalent reports of his Lordship's eharaeter indu&d• him to believe the pa ragraph-alluded to his Lordship. Under such cir cumstances, he could not see what damages the cha rader of the Noble. Lord could sustain. He should be extremely glad, however, to hear,no more of the matter ; but lest his 'advice should be reje6lo, be should grant, the rule. WEDNESDAY, NOV. 8. PARSONS V. SCOTT. , Mr. Serjeant j3cs-r .rnoved for a rule to stew cause ..why the verdia its this case should not he set aside, and a nonsuit entered. It 'was an a6liop upon a. policy of insurance on a trading ship, from Portsmouth to Oporto. The ves sel being in the, port df Oporto, when Martha' Soult, with a French army, entered that city ; she, in common with other British ships was Seized, and French soldiers sent on b9ard to secure the capture. An arrangement, however, took.place between the Captain and the Erma General, that t he ship should be ransomed at a fair valdation„by two French Offi cers. - Two persons' accordingly estimated the value . of the property, and on the Captain's paying the money, the ship was suffered to depart for England. On the 19th of April the ship arrived at Portsmbuth, - and on the Ist of May following the Plain!itf gave notice of abandonment, not knowing at the time but the ship was still in the halt& of the enemy. The . verdiet, for the Plaintiff was taken as for a tolal loss. . Mr. Serjeant P.E.ST submitted to the consideration of the Coult, that under the circumstances of this case, the Plaintiff was not entitled to recover. It had been Settled by the Court of King's Bench, in the ease of Bainbridge v.' N eilson; iot h East's Reports, 329, tharso long as the ship-was Still under the .eon trout of 'her own Captain, at the time of the aban donment, whether the owners were, or were not apprised of that fad, a Plaintiff could notrecover Should, however, thiS point be indecisive in the Case, he objected •to the verdi& obtained by the Plaintiff, upon the ground of the ship having been illegally recovered from the hands of the enemy. -He submitted tt was in dire& violation of the statute of Geo. 111. 'ch. 25th, Which expressly declared it to be an illegal ad.„ for any ship belonging to any of his Majesty's subjects' to be ransomed out of the hands of the enerny. Had the Captain abstained from so illeg d a procedure, as it was manifest he had committed, Marshal &nule ~could not have marched back to France with 60001. British money in his . pockets, for in a few days alter the ship was ran somed, Lord Wellington, at the head of a British army, drove the French out of Oporto, and liberated such other vessels as had been in the'hands of the enemy. Under these circumstances he trusted the Court would not hesitate in granting the object of 1 - motion. Rule to shew‘cause granted. ECCL tS►A STI CA L PROMOTIONS. November 2. Rev. Hugh Chambre tones, student of Christ Church, and Ciiaphnii to the. :ate t)uae or rertsatio, living of tvc:4t Lssex, void by the cession ot the Rev. Q. V. %Vet:. Icsicy. Rev. Francis Mead, 1), D. Fellow of Magdalen College, to the Rectory of Candiesby, in the County of Lincoln. Rev. Spencer Madan, to the Redory of Thorpe Constan tine, 'Staffordshire. , Rev. lames Penny, to the Vicarage of Preston. Rev. Jamey Watts, M.A. to the Vicarage of Weston-Beg yd, HerelOrdshire. Rev, Charles . Carver, J 3. A. to the - Vicarage al Horning, Norfolk, vacant by the resignation of the Rev. Anthony 13ar- Oxvoao, 4. Monday last the Rev. Frodsham Hodson, B. D. and Prin cipal of Brazen-ncse College, was admitted D. D. Yesterday came on the election o All Souls College, when the following - gentlemen were elected felloWS of 'that Society :—Mr. Annesley and Mr. Sneyde, both of Christ Church. Tuesday the Reverend -William Crabtree, B.A. of Uni-' versity Colleg,e was eluted fellow, and Mr Ceorge Orgill Leman, and Mr. Mason Vincent, Scholars of that Society. SwINDLING...--MARLEGROUGH-STREET.. - . -- Several chargeS 'of fraud were exhibited , against a genteel man on Wednesday evening, by: Messrs., Jackson, Reviere, 'and Fisher, gun-makers. The defendant is'the son of a man of fortune, whb .was formerly a Magistrate in Surrey, and his appearance andde meanour in his situation excited a considerable de gree of sympathy. It appeared by the testimony of Mr. Jackson, of Wigntore-street, that about the 1 - 2 th of September, the defendant called•at his shop, and gave an order for - a .double-barrelled gun, to be completed as soon as possible. After introducing the "name of the Grosvenor family, wh6m he affeet ed to be acquainted with, he talked of his wife being at Hampstead for' her health, by the advice of Dr. Reynolds, and having imposed on the gun-maker by these remarks, and his general language, he suc ceeded in borrowing a double-barrelled gun, and a pair of valuable pistols, which were sold at a _pawn broker's,and the prosecutor was consequently duped. The defendant bad also succeeded - in obtaining of Mr. Reviere a valuable gun; and a pair of pistols, worth twelve guineas, about the 4th of September, by similar artifices. He repreSented himself as the acquaintance of Lord Staweil, and he borrowed the pistols (after having ordered a. double-barfelled gim to be made) as he observed, to keep perions off his ,estate at Hampton Lodge, near Guildford, his corn having been trampled down, and his fences broken. Mr. Reviere soon found out that his double-barrelled gun and pistols had been also sold for half their va lue.- The prisoner obtained a gun of considerable value of Mr. Fisher by the sante artifices, and he .also found that his had been disposed of. Other persons were ready to -prefer charges for shooting dresses, Bec. anda chinaman had also manufactured some valuable-china, which the defendant got hold of. The Magistrates committed the prisoner on the Pawning A& for these several offences, which sub jetis him to restore the - property in value, with tI. fine on each, or to suffer three months imprisonment for each offence,. and the correction of the prison. The ptisoner appeared in a very desponding state, and.the Magistrate committed him for. another ex amination. The. defendant represented himself in all his transaetiens as residing at Hampton Lodge, near Guildford, Surrey. HARRIS, of No. 4, Niartiett-ccrart, Bow-street; and Published by WILLIAM AR MIG E R SCR] PPS, South Moltott-street, G os.veno square. Ilea, No, it'd, Straodi where Advolisonents,Vrders for the Paper Letters for the Editor, ti. t .c. (post-paia);musi tv4 addresszd, 'OItIGINAL AIVECbOTE'S. The follOt&iihg atieedoies, although of an ancient date, have lately been published, 'for the first tirrte, in a, , French Wotk, .ftarn Which we have translated theny:- • - thiring the'reign of biuis XIV. a rich financier's' wife occupied a bench in a church On which a duchess thought proper to take her seat. Unable, howeVer, to bear such's kW neighbour, she ordered 'one of the King's guards, who was present, to tdrii her out. 'Her commands were 'obeyed, but the triuMph :of. "pride. was of short dutation. The. finanier complained of the insulting manner in whiLh his wife had .been treated to the State Minister, to whoSeoffiee he belonged, and the complaint Sooti 'reached the Monarch. `Louts XIV. ordered 'the duchess's husband to be brought before 'him', and after commanding'hiS ite 'to beg the . injured lady's fprgivennes, • addLd these remarkable words, fraught with sense, reason, ana dignity : 7 --" Retie& that a single word from me can makea Duke, but that all my powercannot create as useful a member (Attie State - as the man whose wite has been insulted." Is it not, astonishing that 'sO many great men should have sprung up under the reign ot-Stch a Monarch ? For it : is thus that, the chief of the, great nation, always attentive to the 'claims of mm,rit - , le;:rtis the useful method of inspiring his subjeCtS with emu lation, and supplies talent and genius - with fa vourable opportunities of displaying themselves to his view. • His successor, Louis XV. proved himself, on the follaw.jug occasion, - worthy of filling the same throne, and. possessing the .Satlld authority as hit great predecessor. Passing, once through his apart- . tnents, pereeked a lady in • tears, and on en quiring into their cause wasinformed that they had been occasioned by harsh language onthe part of the- Dauphin. The. Monarch :instantly sought his son', _made him feel how unjust harshness is in those wi i o are vested with superior power, and concluded his energetic remonstrance with the following e.g.` pressive seotence: "Recollect, my son that the re . - preaches of the great kill their object." What an excellent lesson . for those armed with sovereign authority : May this 'example be . follow% ed for the happiness of nations, and the security of the great themselves. Batefits may be forgotten; but,ao injury seldom. is.. . • The following anecdote, though not founded 0 6 " the sayings .or actions of Monarchs, will not bd found destnute either of interest or information When M. De ,ChOisetail was Minister in trancee it-happened that one day, as he was employed i 3 •Sorne-accounts-withhis first clerk, in his cloer, b° wa4 visited by a general officer, who had a request to nuke. • The Minister led. him to the other end of the!room, and listened patiently to his repiesenia - ' Lions. These turned chicfiy on die inadequacy of Officers' pay during peace. ." Howev'et," said ho petitioner, '' I !laic only twelve thousand . livres • year,. whilst you give eighteen thousand to yonde? clerk !" " ft is true," answered the Minister, " out onlydo what he does, and you shall have double his pay:' HOw mistaken many are with..reskiect " 5 their own talents ! The 2d battalion of the soth regiment more,l F r r:day last from Ospringe barracks for Siturncidi i '', avid three comp anies of the 9th regiment fruity ~ same place, to j oin their regiment' at Canterbury.--' These movements, it is understood, have beep Inatij for the' purpOse of afirding accommodation' at Os prihge for the sick :that have arrived in the D"'" s from Waleberen. NAMS. CRAVESIMD ' NOVEMBER S. : Arrived—the Sisters, Smith, from Salon ; Britannia, Ma" son, and Hinda, Hoskins, from Gibraltar ; Janus, Lawson, and Elliott, Renold, iroin Quebec. Sailed—the Favourite; Real; - for Tenerifn; Fancy, Hew son,lor Guernsey. Pursuit, Chevers, tor. Surinam ; Pact tic,Buchan, and t i tle Smith, for Jamaica. BIRTHS: On the Mrs. Knox, wife of Mr: Richard Knos:f in tile Perenshire Local Militia,. of a Son. Ott Tue;:d4y afternoon, at holiand.H.puse, Kensington , Lady DolLaut, of a Daughter. ' • • On the 7th inst. in Pulteney-street, lath, tilt! LadY of FraiiciS Drake, Esq. 'ol'a Daughter. at his - house in Southairipton.street, M o ans' bury-square, the Lady of john NeWman, Esq. of a Baugh' tar. • ' The same 'cloy, the Lady of Lord Charles Bentinck, of a Son, whiCh died an hour after its birth. . • MARRIED, - (in the 13d ult. at St.' Bride'S, Mr. James Rowley, of Hplborn, - to Miss Mercy Cooke, of Staines. `At:Clasgow, Lieutenant Young, of the 42d Regiment, to Miss Margaret Dougali. At Douglas Church, Lieutenant Edward Taylor Weale, R. N. to Miss Simkins, daughter of the late Mr. Simkins, of Cove: • On Tuesday, Mr. William MAlley, of Cardiff, to Miss Jane Yesterday, Mr. Charles - Tottie, of London, Merchant, to Charlotte, youngest daughter of Mr. lohn Bailey, of Cies' ham, Bucks. • The,same morning, at St. Pancras Church, Mr. Joseph Payne, of the Office of Ordnan ce , rf ower , to Mi ss Sarah, second diughter of Mt. lohn F (Ilford, of • New•Millmaria street, near-the Foundling Hospital. DIED. At Aberdeen, Thomas Leys, Esq. of Glasgoforest, venor of the County, and formerly Chief Magistrate of that City, in the 45th,year or his'age. In the Isle of LVlan„ Sicalifigtot . l BriStow, Esq. eldest sots Of the lite Rev. Wiliam Bristow. On Monday. John Stratford Collins, Esq. Solicitor. ° t , Ross, Herefordshire. He'had rode Over'to Whitehall, Deal that place, to inspel some alterations going pit there, an had entered a house but afew minutes before he fell back. his chair and expired. On Wednesday se'nnight,'. at Chichester, Miss Heron, sis ter.in-law to Lord Bishop of that Diocese. The same day, at Newton, in the 83d year. of his age' Christopher Pernberton, Esq. of that place, many years I(eceiva-General tor Cambridgeshire. On Tuesday, after a few days illness, the Rev. George Borlase, rrotessor and Registrary in th e 'Jniversity of Cambridge:, and also Rector of Newton, in Sullolk. On.the 4th inst. at Fyfield-House,in the County of Berks , in the 45th year of his age, the Rev. William Musgrave, LL. D. On the sth inst. at Cheltenham, in the lid year of his age; Major-General Duncan Campbell, of the Royal 1V 14 " • • On the Sth inst. Samuel Salifway, Esq - . aged 76. On Wednesday last, at' his house at Stoke Newington, g r ' Edward Keisall,. aged 63. Lately, in Sy onot-place, Dublin, Mrs. Elizabeth I"et t i . grew, wife of Thomas Pettigrew. Esq. , e • Last week, at his apartments in Windsor Castle,agcan f Qo, Sir Jolla John . Ditieiy, Bart. of Charlton, in the County I:. Worcester, and many years one of the Poor Knights OW s:d _to the Order of the Garter. , 'CO ATINEA TAL AFFAIRS. KINGDOM OF WESTPHALIA. MR. EDITOR, . " Being lately arrived from GermariY, I beg leave to offer youa slight, but faithful account of the pre. sent state of some parts- , of that once_ powerful, yet always ill-constituted country. I shall begin by that newly created French vassal kingdom, which Owes its- existence to the fall of Prussia,.. and which was finally constituted on the 15th of November, 1807 ; .1 mean the Kingdom of Westphalia. " CoMposed of seventeenditretent Bishoprics, Abbeys, and Counties, it is now divided into eight regular Departments; • - " 1. The Department of the Elbe; which con , 'tains the dis;rias of Magdeburgh,- New Haldensle :ben, Stendal, and SAtzwedel. "2. That of the Fulda, with-the distrias of Cas sel, Hover, and Paderborn. -" 3. That of the -Hartz ; which comprises the distritas of Heligenstadt, Duderstadt, Nordhausen, and Osterede. 4.• The :Department of .the Leine; with the distrias of .Gottiugen and Eimbeck. • 5. That of the Ocker ;* which contains the districts of Brunswick, Helmstedt, Hildesheim, and Goslar. 6. The Departttient cif the - Saale; with the dis. ,tries of Halberstadt, Blankeuburg, and Halle. " 7. That of the Werra ; which comprises the districts of Osnabruck, Minden, Bielfuld, and Rin tein. 8. The whole 'area of the kingdoth presents a .1 surface of 692. German square miles, 1.5 to a degree. I Its population - amounts to 1,946,343 individuals, (312000 of whom live in towns. " This population is an assemblage of Prussians, Brunswickers, Hanoverians, &c. actuated by chtfe rent feelings at - the change.of Governors which they have experienced; and far, very far from forming a nation, . united by' the bonds of similar habits, cus. toms, and • manners. Long, for instance, will the . former subjects of the late benevolent Duke of Brunswick: Wolfenbuttel regret the loss of a family ,of Princes, under whose paternal Government they enjoyed a happiness unknown . in despotic countries since the' days of Henry IN'. of France ; whilst ,the Hessians have less cause to lam6nt their new condi tion. Even the Westphalian Minister of the Inte rior, Monsieur de Semeon, in his first address to the States, admitted that Brunswick and Hessia had owed their former political existence, one, to the selling of her brave soldiers to Foteign Powers ; and .the other to the wise administration - of her Prince: but that this was 'a transient happiness, whichcle pendeci upon the happiness of an individual. • " It is, particularly' at -Brunswick, where the in habitants have been daily witnesses of the exempla - - ry conduci of their late Prince; that the litxurinufs life Of their new Sovereign is animadverted upon as forming a peculiarly striking contrast. An un bounded indulgence in licentious pie isnt - es - has so undermined his feeble constitution, that id order to support his tottering frame, he is reported to bathe every morning in a tub of claret. As this becomes the, perquiiiie of his valet de chambre, the story goes, that the Wine is bottled off again, and .retailed at reduced prices, to the inn-keepers and publiCatis of the place where his decaying Majesty happens io reside. Hence the reporte3 dread of tasting any •red wine. at Cassul,.except in respectable private houses. "The want of unity of sentiments in . the govern ed, is, however, .more than coMpensated, by the strong system of Government which holds that mot . - ley assemblage of people in subjeaion. The military power of Westphalia is greatly superior to the capa bility of: the country to recruit it. The contingent to the Confederacy of the Rhine is fixed at 2.0,000 men, infantry, 3500 cavalry, arid 1500 artillery ; but hitherto it has not been able to arm much mote than hall that number, and France has supplied the deficiency. The strong garrison of MagdebUrgh is chiefly composed of French troops'" ADMIRALTY OFFICE, Nov• 7. The adjudication of_ the following caSes has_ taken place : The ilope, Master.—This American ,ship, with a cargo of American produce, on- an, as serted voyage in this country, was captured by a fril• gate, peat the coast of. France, and the Court had the assistance. of Trinity Masters, who were of opi nion that she was.steering for a French port.—Con dernned. _ Goode Hoope, L. PIETERs, Master.—This vessel under Oldenburgh colours, laden with brandy, bound from Rochelle, to_Hull, was captured br a man of war on the Rochefort station: She sailed under a license, which bad expired. - The, 'Court observed, that under the obstrottions existing in respect to the commerce of this,country, the-most liberal constrac tion should be given, 'to instruments of this na-. ture.—She was, therefore, ordered to be restortld with freight and expences,. on payment of the cap tor's expences. Mercurius, PnaTEßs,_Master.—This vessel, under Pappenburgh colours, laden with brandy, from Cha rante to London, was captured by the Gibraltar. She sailed under a license.—She Was restored, with freight and expences. Nordstern, BARTELS; Master.—This vessel, un der. Swedish colours, was captured by a French pri . vateer, and afterwards re-captured' by a King's ship. In this case the usual salvage was granted. Maria Charlotte, WICKSteROM, Master.—This vessel was sailing from one Russian port to another. Further proof directed. Aurora, ,SCHIFFIVIAI4, Master, —In this cast: the Court pronounced for the captor's expences. On Saturday night, about ten o'clock, the shrieks of a man were heard by several sailors on board of ships lying off the new quay, North Shields. —Boats instantly went to his assistance, '..but before they reachedlthe spot,- the voice, which had so piteously craved assistance, ceased. It is supposed the peraoii had'gone to the bottom, and that he was a ) oung man named Wm,. Bruce, belonging to the Ann and Isabella, he having, gone on shore that evenipg,•,and has not since been heard of. A bundle, iti which was a quantity tat tea, sugar, &c. was found near the spot in the morning. .